📍 Delaware · 2026

How Much Does a Divorce Cost in Delaware?

Real numbers for Delaware — filing fees, attorney rates, contested vs. uncontested costs, county breakdowns, and what you can do to reduce your total.

✓ Filing fees verified against Delaware court records · Updated July 2026

Filing Fee
$165
Court filing cost
Attorney Rate
$260/hr
Avg in Delaware
Uncontested
$5,000
Avg total cost
Contested
$21,000
Avg total cost
Waiting Period
60 days
Mandatory minimum
Property Law
Equitable Split
equitable state

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Divorce Costs in Delaware: The Full Breakdown

The cost of divorce in Delaware ranges from roughly $3,000 for a simple uncontested case to $33,600 or more for a contested divorce that goes to trial. The single biggest factor is not the state — it is how much you and your spouse disagree.

Delaware has a 6-month separation requirement before filing, one of the stricter requirements nationally.

Divorce TypeLow EstimateTypicalHigh Estimate
Uncontested, no children$165$915$5,000
Uncontested with children$3,000$5,000$7,500
Contested, no trial$11,550$21,000$33,600
Contested, goes to trial$33,600$39,900$50,000+
Savings going uncontestedUp to $16,000 per spouse
The most important number The difference between uncontested and contested in Delaware is approximately $16,000 per spouse. That is money that stays in your family rather than going to attorneys.

⚖️ Delaware Filing Fees by County

The court filing fee in Delaware is paid when you submit your divorce petition to the court. This is a fixed, unavoidable cost regardless of whether your divorce is contested or uncontested.

Filing fee note: $165 statewide

New Castle County (Wilmington)$165
Kent County$165
Sussex County$165

💼 Attorney Fees in Delaware

Divorce attorney hourly rates in Delaware average $260 per hour.

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Filing fees based on Delaware court records as of July 2026. This is for informational purposes only and is not legal advice.